Neutral Citation No. - 2025:AHC:49570 Court No. - 32 Case :- WRIT - C No. - 18213 of 2023 Petitioner :- Manager / Principal Shri Hari Pyari Inter College, Through Its Manager/Principal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Tiwari,Surendra Nath Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner and Sri Ajit Kumar Singh, learned Additional Advocate General for the State. 2. As per Office report dated 24.07.2023, no counter affidavit has been filed by the State. 3. By means of the present writ petition, the petitioner has assailed the recovery citation dated 21.01.2023 issued by respondent No.3- District Minority Welfare Officer, District Hathras, whereby he has directed the petitioner to deposit Rs.46,60,000/- which has been embezzled by the petitioner towards scholarship. 4. Challenging the aforesaid recovery citation, the petitioner has contended that the impugned recovery has been issued without giving any notice or opportunity of hearing to the petitioner. It is contended that the opportunity of hearing ought to have been afforded by the respondents before issuing the impugned recovery citation. The petitioner in this respect has made necessary averment in paragraph No.14 of the writ petition which is being reproduced herein below:- "14. That the impugned recovery steps has been initiated by the respondents without even serving any notice on the petitioner and without giving him even opportunity of hearing, hence such absolute steps/papers have itself become illegal, wrong and violative of principles of natural justice and also unfair, unjust, discriminatory and unconstitutional." 5. Per contra, learned Additional Advocate General submits that large scale embezzlement has taken place by the petitioner and other persons whereby they have obtained scholarship in respect of those students who were not enrolled, and therefore, first information report to the said offence has also been lodged. It is contended that in such view of the fact, this Court may refrain from interfering with the impugned recovery citation. 6. Be that as it may, perusal of the impugned recovery citation reveals that it does not disclose as to how the petitioner is liable to pay Rs.46,60,000/-. The impugned recovery citation does not disclose as to the names of the students or details of the students who were not students and the petitioner has obtained the scholarship in respect of those students. Further, the petitioner in paragraph No.14 of the writ petition has categorically stated that no notice or opportunity of hearing was afforded to the petitioner. 7. In such view of the fact, the impugned recovery citation cannot be sustained in law and is set aside with liberty to the respondents to proceed afresh in accordance with law within a period of three months from the date of production of certified copy of this order. 8. The writ petition is allowed without any order as to cost. Order Date :- 2.4.2025 SS Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad